The points we make on this page only relate to pupils at maintained schools or Academy schools.

Maintained schools run by the local authority (LA) can send their pupils off-site for education to improve the pupil’s behaviour, under section 29A of the Education Act 2002, introduced by the Education and Skills Act 2008. 

Academies have similar powers but only if their Articles of Association are written to include them. These Articles are the rules that govern how an academy is to be run, what it can do and what powers it has.

There are regulations which set out how maintained schools have to do this, under The Education (Educational Provision for Improving Behaviour) Regulations 2010) as amended by The Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012. This means that schools cannot direct pupils off-site however they choose – a school has to follow the legal rules.

Parents should always be consulted before new provision begins and children should be involved in decision making from the start to the extent that their age and health allow (page 10 of alternative provision guidance for LAs and schools). So make sure to tell the school about your, and your child’s, views and feelings about the off-site direction.

If your child's school decides to send your child off-site to improve their behaviour, it has to give you as the parent the following information in writing:

• the address where the educational provision will be made for your child
• the person your child has to report to when they attend the educational provision
• the number of days they will be directed off-site for
• what the purpose of the off-site direction is – what are the objectives for your child, and
• where two sessions per day are provided, the times it starts in the morning, the time it ends in the afternoon and the timing of the break between the morning and afternoon, or
• where a single session per day is provided, the times the session starts and finishes.

The notice has to be given as soon as possible and at least two school days before the day when the education starts.

The education must be reviewed periodically and as many times as required by the needs of your child: so the reviews may have to be more or less frequent depending on the individual pupil’s circumstances. The school should discuss this with you and you must receive an invitation to attend review meetings.

The statutory guidance on exclusions is clear that off-site direction may only be used as a way to improve future behaviour and not as a sanction or punishment for past misconduct (paragraph 33). 

The guidance also confirms that off-site direction should only be used where interventions in school have not worked.

If your child has a disability then you may also need to think about whether directing the child off-site is discriminatory. You can find further information about that on our website.

If your child has an education, health and care (EHC) plan then your LA has to be invited to reviews of the off-site education. Remember, your LA’s duty to secure special educational provision under section 42 of the Children and Families Act 2014 carries on. If the provision is not being secured, then you can take action.

Although these regulatory requirements don’t apply to Academies, alternative provision guidance for local authorities and schools makes clear that Academies are required by general public law to take account of anything in that guidance that’s relevant to carrying out their functions (page 5), so you can refer to the guidance should your child’s Academy look to direct them off-site. In addition, Academies must follow the statutory guidance on exclusions and the Equality Act 2010.

The education provided off-site should be similar to what your child would normally receive but it doesn’t have to be the same – and if you have concerns about this you should make those concerns clear:

• to the school
• to the placement your child is directed to, and
• at review meetings.

It may also be relevant when thinking about whether the direction is discriminatory if the child is disabled.

The key thing is making sure your child’s special educational needs are properly understood and the provision to meet those needs is being put in place. If this isn’t what’s happening then you could ask the LA to assess (or re-assess) your child’s needs or ask for the EHC plan to be reviewed as soon as possible – so that the right provision can be put in place.

If you haven’t been able to find the answer to your question on this page, see our FAQs.